Legal Question in Family Law in Texas

Custody of child of non married parents

I am in the process of trying to end a 3 year relationship with the mother of my daughter. Currently we all live in my house, along with her son. We are not married, so what are my legal rights to try and obtain custodial custody of the child? Am I even considered her parent legally? I need to know the order of events, and the processes needed to accomplish: 1) attempt to gain custodial custody of child 2)Evict or remove mother and her son from household.

I have a professional position with a company which I have been with over 18 years, I own the house everyone resides in, I own the vehicles everyone uses for transportation, I have been covering everyone with medical and dental insurance(including her son). The mother has not worked for over 2 of the 3 years we have been together. She has never had an income capable of supporting herself let along herself and children, and shows no signs of wanting to work. I am not looking to receive child support from her if I am awarded custody. When discussing splitting up she is adamant to the fact that she would take the child with her, and leave the state. If she does leave, what are my options concerning the custody of the child at that point?

Asked on 7/17/03, 7:11 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Custody of child of non married parents

How did you get her on your health insurance?

Did you claim she was your spouse?

If so, you might have a common law marriage.

Be advised that your company might not be very happy when they find out you put a non-spouse on your plan along with her kid. One major company in Houston, threatened to fire a man who'd been with them over 15 years and file criminal charge of fraud against him! It took some quick legal work, but we got him divorced and saved his job.

You might want to call me and talk in depth to adequately address your concerns.

I will advise you that a step-parent has very little chance of custody of the child.

Fran Brochstein


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Answered on 7/20/03, 8:56 pm

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